Illinois Compiled Statutes
105 ILCS 5/34-84 (2026)
Appointments and promotions of teachers
✓ current as of May 2026
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(105 ILCS 5/34-84)
(from Ch. 122, par. 34-84) Sec. 34-84. Appointments and promotions of teachers. Appointments and promotions of teachers shall be made for merit only, and after satisfactory service for a probationary period of 3 years with respect to probationary employees employed as full-time teachers in the public school system of the district before January 1, 1998 or on or after July 1, 2023 and 4 years with respect to probationary employees who are first employed as full-time teachers in the public school system of the district on or after January 1, 1998 but before July 1, 2023, during which period the board may dismiss or discharge any such probationary employee upon the recommendation, accompanied by the written reasons therefor, of the general superintendent of schools and after which period appointments of teachers shall become permanent, subject to removal for cause in the manner provided by Section 34-85. For a probationary-appointed teacher in full-time service who is appointed on or after July 1, 2013 and who receives ratings of "excellent" during his or her first 3 school terms of full-time service, the probationary period shall be 3 school terms of full-time service. For a probationary-appointed teacher in full-time service who is appointed on or after July 1, 2013 and who had previously entered into contractual continued service in another school district in this State or a program of a special education joint agreement in this State, as defined in Section 24-11 of this Code, the probationary period shall be 2 school terms of full-time service, provided that (i) the teacher voluntarily resigned or was honorably dismissed from the prior district or program within the 3-month period preceding his or her appointment date, (ii) the teacher's last 2 ratings in the prior district or program were at least "proficient" and were issued after the prior district's or program's PERA implementation date, as defined in Section 24-11 of this Code, and (iii) the teacher receives ratings of "excellent" during his or her first 2 school terms of full-time service. For a probationary-appointed teacher in full-time service who has not entered into contractual continued service after 2 or 3 school terms of full-time service as provided in this Section, the probationary period shall be 3 school terms of full-time service, provided that the teacher holds a Professional Educator License and receives a rating of at least "proficient" in the last school term and a rating of at least "proficient" in either the second or third school term. As used in this Section, "school term" means the school term established by the board pursuant to Section 10-19 of this Code, and "full-time service" means the teacher has actually worked at least 150 days during the school term. As used in this Article, "teachers" means and includes all members of the teaching force excluding the general superintendent and principals. There shall be no reduction in teachers because of a decrease in student membership or a change in subject requirements within the attendance center organization after the 20th day following the first day of the school year, except that: (1) this provision shall not apply to desegregation positions, special education positions, or any other positions funded by State or federal categorical funds, and (2) at attendance centers maintaining any of grades 9 through 12, there may be a second reduction in teachers on the first day of the second semester of the regular school term because of a decrease in student membership or a change in subject requirements within the attendance center organization. A teacher who is due to be evaluated in the last year before the teacher is set to retire shall be offered the opportunity to waive the evaluation and to retain the teacher's most recent rating, unless the teacher was last rated as "needs improvement" or "unsatisfactory". The school district may still reserve the right to evaluate a teacher provided the district gives notice to the teacher at least 14 days before the evaluation and a reason for evaluating the teacher. The school principal shall make the decision in selecting teachers to fill new and vacant positions consistent with Section 34-8.1.(Source: P.A. 103-85, eff. 6-9-23; 103-500, eff. 8-4-23; 103-605, eff. 7-1-24.) Notes of Decisions
Cited in 24
cases (1 in the last 5 years), 1999–2021 · leading case: Chicago Teachers Union v. Bd. of Educ. of the City of Chicago, 2012 IL 112566 (Ill. 2012).
Chicago Teachers Union v. Bd. of Educ. of the City of Chicago, 2012 IL 112566 (Ill. 2012). “” 105 ILCS 5/34-84 (West 2010). In turn, section 34-85 sets forth the process for removing a tenured teacher for cause, including written notice of charges and a hearing.”
Chicago Teachers Union v. Bd. of Educ., 963 N.E.2d 918 (Ill. 2012). “" 105 ILCS 5/34-84 (West 2010). In turn, section 34-85 sets forth the process for removing a tenured teacher for cause, including written notice of charges and a hearing.”
Speed Dist. 802 v. Warning, 950 N.E.2d 1069 (Ill. 2011). “[2] Section 34-84 of the School Code (105 ILCS 5/34-84 (West 2004)), provides that permanent appointment of a full-time teacher "shall be made for merit only" and, after January 1, 1998, only after "satisfactory service for a probationary period of * * * 4 years.”
Cunliffe v. Wright, 51 F. Supp. 3d 721 (N.D. Ill. 2014). “(citing 105 ILCS 5/34-84 and 34-85). However, where a tenured teacher is terminated for economic reasons, those same procedural rights do not apply; rather, the only process required is that the teacher receive advance notice of the layoff.”
Bd. of Educ. of the City of Chicago v. Illinois Educ. Labor Relations Bd., 2015 IL 118043 (Ill. 2016). “” 105 ILCS 5/34-84 (West 2010). Also, section 10-22.”
Ferkel v. Bd. of Educ., 45 F. Supp. 3d 824 (N.D. Ill. 2014). “105 ILCS 5/34-84 (emphasis added). Section 34-85, in turn, spells out the process for removing a tenured teacher for cause, including written notice of charges and a hearing.”
Bd. of Educ. of the City of Chicago v. Illinois Educ. Labor Relations Bd., 2014 IL App (1st) 130285 (Ill. App. Ct. 2014). “1, 38-4 of the CBA, the Illinois School Code (105 ILCS 5/34-84 (West 2010)), and a deviation from past practice and policy.”
Chicago Teachers Union v. Bd. OF EDUC., 662 F.3d 761 (7th Cir. 2011). “*227 105 ILCS 5/34-84 (emphasis added). Section 34-85 provides: "No teacher employed by the board of education shall after serving the probationary period specified in section 34-84 be removed except for cause.”
AR Ex Rel. MR v. Chicago Bd. of Educ., 724 N.E.2d 6 (Ill. App. Ct. 1999). “The circuit court additionally found section 34-84(a) of the School Code (105 ILCS 5/34-84(a) (West 1996)) barred plaintiffs' negligence claim.”
Fennerty v. Bd. of Educ., 949 F. Supp. 2d 826 (N.D. Ill. 2013). “See 105 ILCS 5/34-84 & 34-85. Despite the “permanent” nature of their appointments, however, tenured teachers are not exempt from economic layoffs.”
Harbaugh v. Bd. of Educ. of City of Chicago, 815 F. Supp. 2d 1026 (N.D. Ill. 2011). “” 105 ILCS 5/34-84 (emphasis added). Thomas noted that the term "probationary period” is not defined, 40 Ill.”
Carolyn Mascow v. Bd. of Educ. of Frankli, 950 F.3d 993 (7th Cir. 2020). “105 ILCS 5/34-84, 34-85; Land v. Board of Education, 202 Ill.”
— 105 ILCS 5/34-84(a) — 2 cases
AR Ex Rel. MR v. Chicago Bd. of Educ., 724 N.E.2d 6 (Ill. App. Ct. 1999). “The circuit court additionally found section 34-84(a) of the School Code (105 ILCS 5/34-84(a) (West 1996)) barred plaintiffs' negligence claim.”
A.R. v. Chicago Bd. of Ed. (Ill. App. Ct. 1999).
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